A lawsuit filed on March 5, 2015 against Jay-Jay Cabaret, Inc. (“Defendants”), the owners and operators of Flashdancers Gentleman’s Club (“Flashdancers”) located at 1674 Broadway, New York, New York 10019. The lawsuit claims that Flashdancers failed to pay its dancers the proper overtime pay, minimum wage, and spread-of-hours pay, as required under the Fair Labor Standards Act (“FLSA”) and the New York Labor Law (“NYLL”). Additionally, the lawsuit looks to recover additional damages associated with misappropriated gratuities, unlawful deductions, uniform-related expenses, and additional statutory penalties as available under the NYLL. The affected class includes any exotic dancer who currently works or has worked for Flashdancers between December 9, 2008 and the date of final judgment of this matter.
The complaint specifically alleges that Flashdancers failed to pay its dancers an hourly salary, despite the fact that they were entitled to the full minimum wage rate (currently $8.75 per hour in NY). Plaintiffs allege that they were not paid an overtime premium for any and all hours they worked in excess of 40 per workweek, as required under the NYLL and the FLSA. Plaintiffs further claim that they regularly worked over 10 hours per day without ever being compensated spread of hours pay, which is an additional hours pay at the full minimum wage rate.
Plaintiffs allege that Flashdancers made unlawful deductions from their wages through their “House Charges” for each shift that they worked. Further, Plaintiffs allege that they were required to pay additional “House Charges” anytime they were tardy, or even if they just needed to reschedule a shift. Plaintiffs claim that Flashdancers distributed their tips to workers who did not provide any sort of customer service, and were therefore not entitled to them, such as “House Moms” and DJs. Additionally, Plaintiffs allege that Defendants aggressively encouraged customers to tip using “club scrip”, which could only be purchased from Flashdancers. Plaintiffs assert that Flashdancers pushed their “club scrip” system because they retained a portion of every tip paid through “club scrip”. Plaintiffs claim that Defendants never told customers that Defendants retained a portion of each tip paid through “club scrip”, defrauding customers who likely thought they were tipping Plaintiffs a larger sum. Plaintiffs allege that they were forced to purchase and maintain their uniforms, often directly from Defendants, without receiving any form of reimbursement. Plaintiffs claim that Flashdancers failed to maintain accurate time and pay records of wages and tips. They further claim that Flashdancers failed to provide Plaintiffs with proper annual wage notices and statements, as required by law.
Anyone who has worked at a gentlemen’s club as an exotic dancer in the past six years may have a valid wage claim. Please contact the employment lawyers at Fitapelli & Schaffer, LLP, (212) 300-0375, to schedule a free consultation so that we can discuss your rights under the FLSA and NYLL.
Current and former exotic dancers employed by Flashdancers should contact Fitapelli & Schaffer, (212) 300-0375, or at www.fslawfirm.com, to see if you are eligible to join the case. You can also view the complaint here.